Antitrust Column & Publications

Efficiencies Defenses to Merger Challenges

Date: 08/22/17

Source: The New York Law Journal. Reprinted with permission.

In a thorough opinion evaluating the legality of a health insurance merger under antitrust law, the U.S. Court of Appeals for the District of Columbia Circuit considered whether and when efficiencies may offset competitive concerns.  Rejecting arguments that anticipated health care cost reductions should spare Anthem's proposed acquisition of Cigna from and antitrust challenge, a split panel of the D.C. Circuit upheld an injunction blocking the proposed merger because it was likely to lessen competition without offsetting benefits.  

Efficiencies Defenses to Merger Challenges.pdf (pdf | 300.18 KB )